*Possible probation for first offense with dismissal upon completion of probation.
Sale or Cultivation
Any amount
felony
12 years
$20,000
Sale to a minor, or within 100 meters of a school or recreation facility
felony
double penalty
double penalty
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession
felony
3 years
$3,000
Paraphernalia sale
felony
3 years
$30,000
Details
Possession of marijuana is a felony punishable by three years in prison and a fine up to $5,000 for the first offense. The penalty for a second or subsequent offense increases to six years in prison. First offenders are eligible for probation without a verdict, and upon successful completion of the probation, the charges may be dismissed.
Manufacture, delivery or sale of marijuana is punishable by up to 12 years in prison and a fine of up to $20,000. Any distribution to minors or distribution within 100 meters of a school or recreation facility increases the possible penalties to twice the amount.
Possession of paraphernalia is punishable by three years in prison and a fine up to $3,000 and sale of paraphernalia is also punished by three years in prison, but the possible fine increases to $30,000.
Conditional release:
The state allows conditional release or alternative or diversion
sentencing for people facing their first prosecutions. Usually,
conditional release lets a person opt for probation rather than
trial. After successfully completing probation, the individual's
criminal record does not reflect the charge.
NORML and the
NORML Foundation: 1600 K Street NW, Suite 501, Washington
DC, 20006-2832
Tel: (202) 483-5500 • Fax: (202) 483-0057 • Email: norml@norml.org
conditional 
Conditional release:
The state allows conditional release or alternative or diversion
sentencing for people facing their first prosecutions. Usually,
conditional release lets a person opt for probation rather than
trial. After successfully completing probation, the individual's
criminal record does not reflect the charge.
